A legal action can be taken against the employer, if the employer fails to provide an explanation or a response to the employees concerns regarding the salary.
Written by: Swati Shalini
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Published on 19-Jul-17
Amongst passion, necessity, the thirst to gain knowledge and experience, a big factor that acts as a catalyst in motivating an employee is undoubtedly money. After all, an individual naturally craves for reward and recognition for its’ efforts. In employment, the “reward” comes in the form of a monthly salary fixed between the employer and the employee at the time of joining. It is the remuneration paid to an employee for providing his services to the organization.
Salary is often fixed for appraisal periodically. Incentives, bonuses, and other corresponding benefits are also accorded to an employee depending upon various factors as fixed by the organization.
Employees even face a legitimate cut in their salary due to many reasons like-
Paid leave,
Salary is taken in advance,
Deduction of taxes and/or employee fund, and
Damages or charge.
Sometimes, the employer might cause undue delay in transferring the salary, or transfer a much-reduced amount without an explanation, or worse- the employer might not pay the salary for a long while! If the employer fails to provide an explanation or a response to the employee’s concerns regarding the salary, then legal action can be easily taken against the employer with the help of Labour Lawyer in Delhi.
Also, the employer is under an obligation to pay a reasonable amount of interest when the payments are delayed. This is irrespective of the fact whether the service contract of the employee provides for payment of interest or not.
You can consult a Labour Lawyer in Mumbai and follow this simple procedure to claim your dues-
Step 1- Consult the HR Department
Before taking the matter to the court, it is best to talk to the immediate boss or the HR department to gather the reason for the delay. If there is a lag due to the Bank’s default, or due to any other technical error, the same can be cleared without taking any adverse action. On the contrary, if there is a foul play, the employee will get a clear picture and can proceed with the help of Employment Lawyers in Gurgaon to take the appropriate legal action.
Step 2- Send a Legal Notice
An employee can serve a legal notice through an employment lawyer in Bangalore to the employer- therein categorically asking them to release the due salary and other arrears. The notice will also state the consequences in case the employer does not resolve the matter. In most cases, after receiving the notice, the employer agrees to amicably settle the dispute. However, if the employer does not either acknowledge the notice or decides to contest the matter, then the next step is to proceed with the legal action as per the advice of the lawyer.
Step 3- Institute a case for recovery or file a Summary Suit
Given the nature of urgency that is involved in a matter relating to non-payment or inadequacy of salary, an employee can also file a fast-track suit, also known as “summary suit” which shall accord immediate or a quick monetary relief if the suit is found to be in the employee’s favor. labor lawyers in PuneAs the last resort, an employee can file a case against the employer at the appropriate labor court or district court of the area with help of Criminal case can also be filed against an employer if the employee has been a defrauded by a company with help of a top criminal lawyer in Delhi.
Some documents that will prove to be handy before taking any legal action are a copy of the appointment letter, salary slips, bank statement, any official statement from the employer, copy of the legal notice sent to the employer and the reply received if any. Apart from that, to ensure that justice is completely accorded, it is best to hire a Labour Lawyers in Gurgaon who is well versed in labor and employment laws.
